Terms and Conditions

Website Terms & Conditions COSMETICS AND FRAGRANCE DIRECT

COSMETICS AND FRAGRANCE DIRECT TERMS OF USE

Please read these terms carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. Cosmetics Fragrance Direct may amend these terms at any time and all amendments will take effect immediately on posting of the amended terms. You should also refer to our privacy policy for users.

APPLICABLE LAW

This site is created and controlled by us in the State of Queensland, Australia. As such, the laws of the Commonwealth of Australia and where applicable, the State of Queensland, will govern these Terms and Conditions. By using this site you submit to the jurisdiction of the courts of Queensland and Australia and agree that any legal action will only be commenced in these forums. The site is available only to people who can form legally binding contracts under applicable law.

AGREEMENT BETWEEN USER AND COSMETICS AND FRAGRANCE DIRECT

The Cosmetics Fragrance Direct website is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Cosmetics Fragrance Direct website constitutes your agreement to all such terms, conditions, and notices.

AGREEMENT

In order to make purchases through this site, you will be requested to provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

The site is available only to individuals who meet the Cosmetics Fragrance Direct terms of eligibility. Individuals must have been issued a valid credit card by a bank acceptable to Cosmetics Fragrance Direct, applications must be acceptable to Cosmetics Fragrance Direct and have authorised Cosmetics Fragrance Direct to process a charge or charges on their credit card in the amount of the total purchase price for the goods and/or services.

If you register on the site, you will have an email address/username and password for your Cosmetics Fragrance Direct account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using this site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

By making an offer to purchase goods or services form us, you expressly authorise us to perform credit checks and, where Cosmetics Fragrance Direct considers necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your personal information.

We reserve the right to only accept orders from those over 18 or 21 as legislated by the relevant state of residence.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and Cosmetics Fragrance Direct will be completed when we email you to confirm the goods have been dispatched and have been handed over to the designated carrier. The sale contract is therefore concluded in Queensland, Australia.

We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions.

Cosmetics Fragrance Direct reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion.

Cosmetics Fragrance Direct reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.

INTENDED USE

Once you have made your choice by placing an order with Cosmetics Fragrance Direct you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.

REFUNDS/RETURNS

Cosmetics Fragrance Direct stands by our product. We can guarantee the products are genuine and authentic.

Please choose carefully. We do not normally give refunds if you simply change your mind or make wrong selections. You can choose between a refund, exchange or credit where goods are faulty, wrongly described, different from a sample shown to you or don’t do what they are supposed to.

If you feel that your purchase may be faulty, incorrectly described, different from a sample shown to you or don’t do what they are supposed to then we require you to contact Cosmetics Fragrance Direct Customer Service within 14 days of receiving your purchase. The contact details are available via the website.

If you are not happy about your purchase in general (other than faulty, incorrectly described, different from a sample shown to you or don’t do what they are supposed to) please feel free to contact our Cosmetics Fragrance Direct Customer Service within 14 days of receiving your purchase.

Your purchase will need to be in its original condition; undamaged and unopened. A customer service representative will discuss your concerns and arrange a reasonable outcome. The contact details are available on the website. If goods are returned the customer is required to pay all freight charges.

SHIPPING AND FREIGHT

Cosmetics Fragrance Direct use Australia Post's registered eParcel service to ship to our customers within Australia. Please note, all Fragrance Goods (mostly fragrance) will be transported by road due to restrictions on air freight. Standard delivery times are between 2-10 business days depending on your location. Your items will be shipped from Brisbane, Qld.

We encourage you to use your work or other suitable business hours address for a safe and secure delivery. You will need to sign to accept delivery. If there is no one available to sign your parcel will be taken to a Post Office for collection. Please ensure your full address (including business name if applicable) is completed. A day time phone number may also be useful if we need to contact you about your order. Once your order is shipped you will receive a confirmation email which will include your Australia Post tracking number should you wish to view your orders progress. If you have any further enquiries please contact us. $5 Flat rate applies to all orders.

EXCLUSIVE SHOPPER

Goods and services purchased through Cosmetics Fragrance Direct online store are eligible for the Exclusive Shopper Program rewards and benefits. Please refer to applicable Exclusive Shopper terms and conditions.

CHANGE OF DETAILS

You should advise Cosmetics Fragrance Direct of any change of name, address, contact number or email address by contacting us on contact@cfdirect.com.au or 1300 757 857. Cosmetics Fragrance Direct is not responsible for any failure by you to notify us of the change, which may result in you not obtaining the benefit of Exclusive Shopper communications and/or rewards or the loss of Exclusive Shopper status and/or points. Changes to your details can be made in store or on the website at www.cfdirect.com.au. Identification must be provided to change any details.

MODIFICATION OF THESE TERMS OF USE

Cosmetics Fragrance Direct reserves the right to change the terms, conditions, and notices under which the Cosmetics Fragrance Direct website is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Cosmetics Fragrance Direct website. Your continued use of the Cosmetics Fragrance Direct website constitutes your agreement to all such terms, conditions, and notices.

MODIFY SERVICES

Cosmetics Fragrance Direct may modify, suspend, discontinue or expand the extent of the services provided on this site at any time at its absolute discretion.

INFORMATION ON THIS SITE

We attempt to be as accurate as possible when describing our products and services on the site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other content available on the site are accurate, complete, reliable, current or error-free. The Cosmetics Fragrance Direct website also presents information provided by our suppliers. We make no representations as to the accuracy of the information presented at or via the website. You agree that you must evaluate, and bear all risks associated with, the use of all information at the website, including any reliance on the accuracy, completeness, or usefulness of it.

By using the website you agree that Cosmetics Fragrance Direct and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:

a) the accuracy or otherwise of the information displayed or omitted from the website;
b) any person’s reliance on the information presented on the website;
c) any loss in connection with the use of the website.

PROPRIETARY RIGHTS

You acknowledge and agree that:

a) the Website and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws;
b) The Content contained in sponsor advertisements or information presented to you via the Website or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorised by Cosmetics Fragrance Direct or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, in whole or in part.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

You expressly understand and agree that:

a) your use of the Site is at your sole risk.
b) the Site is provided on an “as is” and “as available” basis.

Cosmetics Fragrance Direct expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Cosmetics Fragrance Direct makes no warranty that:

a) the Site will meet your requirements;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Website will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations; and
e) any errors in the Website will be corrected.

Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from The Cosmetics Fragrance Direct or through or from the Website shall create any warranty not expressly stated. If under any law any terms, conditions or warranties which apply to the supply of goods or services through the Site cannot legally be excluded, restricted or modified then those terms, conditions and warranties apply to the extent required by that law. Except as expressly stated in the terms of use, conditions and warranties that would otherwise be implied are excluded.

LIMITATION OF LIABILITY

You understand and agree that Cosmetics Fragrance Direct, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Cosmetics Fragrance Direct has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:

a) the use of, or the inability to use the Website;
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Website;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the Site; or
e) any other matter relating to the Site or products ordered through the site.

To the extent permitted by law Cosmetics Fragrance Direct liability for any breach of a condition or warranty which must be implied into the terms of use by the Trade Practices Act 1974 (Cth) is limited to: in the case of goods supplied by Cosmetics Fragrance Direct to any one of the following at our option:

a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
d) the payment of the cost of having the goods repaired; and in the case of services supplied by Cosmetics Fragrance Direct to any one of the following at our option:
e) the supplying of the services again;
f) the payment of the cost of having the services supplied again.

TRADE MARK INFORMATION

Cosmetics Fragrance Direct name and trademarks, including the distinctive slogans and logos, that appear at the website are trademarks of Cosmetics Fragrance Direct or other third parties (the Trade Marks). You agree not to display or use or link to the Trade Marks in any manner without prior permission from Cosmetics Fragrance Direct or the relevant third party owner.

LINKS TO THIRD PARTY SITES OR SERVICES

This site contains links to sites of third parties. Those sites are not under the control of Cosmetics Fragrance Direct and Cosmetics Fragrance Direct is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by Cosmetics Fragrance Direct. Any link by you to a third party’s site is done at your own risk.

Cosmetics Fragrance Direct is not responsible for webcasting or any other form of transmission received from any linked site. This site may also contains advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Any third party pays for its advertising on this site and Cosmetics Fragrance Direct does not recommend or endorse any products or services offered by its advertisers.

You must check with the advertiser for information about products or services offered. Cosmetics Fragrance Direct does not endorse any offers made by any third parties and Cosmetics Fragrance Direct is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.

INDEMNITY

Cosmetics Fragrance Direct relies on you observing these terms at all times. You agree to indemnify and hold Cosmetics Fragrance Direct and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity in this clause extends to and covers your breach of these terms.

RIGHTS TO USE INFORMATION YOU SEND US

If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.

PRICING AND CURRENCY

All transactions are in Australian currency unless otherwise stated and prices stated are inclusive of GST.

NOTICES

Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received -

if delivered by hand, when delivered;

if delivered by prepaid ordinary post, on the second business day after posting; and

if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and

if delivered by email, one business day after sending.

BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.

RELATIONSHIP

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

FORECE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

GENERAL

These terms are covered by the law in force in the State of Queensland and the parties are to submit to the non-exclusive jurisdiction of the courts of Queensland. If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.